Supreme Court rules with ESA on Cali violent game ban

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Rejoice, gamers, for your day in court is a victorious one!

In a 92-page ruling presented to the public today, the Supreme Court has ruled in favor of the gaming industry regarding a California law banning the sale of violent video games. The ruling essentially protects the video game industry under the First Amendment, finally including the medium with other forms of entertainment like music, movies, and books.

It doesn’t get much clearer than this:

"Like the protected books, plays, and movies that preceded them, video games communicate ideas-and even social messages-through many familiar literary devices (such as characters, dialogue, plot, and music) and through features distinctive to the medium (such as the player’s interaction with the virtual world). That suffices to confer First Amendment protection. Under our Constitution, "esthetic and moral judgments about art and literature . . . are for the individual to make, not for the Government to decree, even with the mandate or approval of a majority.""

This is the third time the video game industry defeated California in this regard, as both of the lower courts ruled that the law was unconstitutional.

The full ruling can be viewed here.

How does it feel, gamer nation, to FINALLY be recognized under the First Amendment? I don’t know about you, but I feel as liberated and happy as same-sex couples in the state of New York.

No offense, California, but…



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Author: Jason Fanelli View all posts by
Jason lives and breathes gaming. Legend tells that he taught himself to read using Wheel of Fortune Family Edition on the NES. He's been covering this industry for three years, all with the Node, and you can see his ugly mug once a week on Hot Off The Grill.

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